Res. No. 059-04-11838RESOLUTION NO sQ-04-11ft^a
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA,AUTHORIZING THE CITY MANAGER TO
NEGOTIATE THE COST OF SERVICE AND TO EXECUTE THE FIRST
AMENDMENT TO THE AGREEMENT FOR THE BILLING OF STORM WATER
CHARGES BETWEEN MIAMI-DADE COUNTY AND CITY OF SOUTH MIAMI,TO
INCLUDE THE BILLING OF GARBAGE CONTAINER FEES;PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS,on September 24th,2001,the County and the City entered into a contract
providing forthe County to provide billing of stormwater charges bythe County forthe
City,and
WHEREAS,the County andtheCitydesiretomake certain modifications tosaid
contract,and
WHEREAS,theCityhasrequestedthattheCountyprovideaone-timebillingservicefor
theCitytocollecta one-time chargetoitsresidentsforthepurchase of uniformgarbage
containers,and
WHEREAS,theCountyhasagreedtoperformtheone-timebillingservicethattheCity
has requested,
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA THAT:
Section l:A one-time charge of $50.00 (Fifty Dollars)willbe added toall water and/or
seweraccountsthattheCountybillsstormwaterchargeson behalf of theCityonthefirst
billingcycleafterthisamendmentisfullyexecutedbytheCountyandtheCity.
Section2:TheMayorandCity Commission authorize theCityManagertonegotiatethefeefor
thebillingservicewith Miami-Dade Countyandexecutetheamendment.
Section3:Thisresolutionshallbeeffectiveimmediately.
PASSED AND ADOPTED this 6th day of April ,2004.
ATTEST:
iv-£x*y^
READ AND APPROVED AS TO FORM:
/£>.£&.
CITY ATTORNEY
Commission Vote:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Sherar:
Commissioner Birts-Cooper:
5-0
Yea
Yea
Yea
Yea
Yea
CITY OF SOUTH MIAMI
Inter-office Memorandum
DATE:April6,2004
South Miami
All-America City
Miiir
2001
TO:Honorable Mayor,Vice Mayor
&City Commission
FROM:Maria V.Davis
City Manager
SAGENDAITEMNo.
RE:Authorizing the Ciry Manager to
Negotiate and execute an agreement with
Miami-Dade County to bill residents for
the garbage containers
RESOLUTION:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI,FLORIDA,AUTHORIZING THECITY MANAGER TONEGOTIATETHECOST
OF SERVICE AND TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT FOR
THE BILLING OF STORM WATER CHARGES BETWEEN MIAMI-DADE COUNTY AND
CITY OF SOUTH MIAMI FOR THE BILLING OF GARBAGE CONTAINER FEES;
PROVIDING FOR AN EFFECTIVE DATE
BACKGROUND &ANALYSIS:
Following the purchase ofthe garbage containers,Public Works Department crews have
deliveredthecontainerstoresidentsinpreparationforthenewautomatedgarbagecollection
system.While preparing to initiate the new system on April 5,2004,we have been coordinating
withMiami-DadeCountyWater&SewerDepartment(MDWASD)fortheirbillingservices.
Underanagreementexecutedwith MDWASD in September 2001,MDWASDcurrently
provides storm water billing services tothe City.Our intent isto amend the current agreement to
adda one-time $50.00 feetoall affected residents.MDWASD management has agreed tothe
amendment andtheyareworkingonthecosttoprovidethebillingservice.
RECOMMENDATION:
Itis recommended thattheCity Commission approvetheresolution.
ATTACHMENTS:
q ProposedResolution
•Draft Agreement
AMENDMENT NUMBER ONE
TO CONTRACT BETWEEN
MIAMI-DADE COUNTY AND
CITY OF SOUTH MIAMI,FLORIDA
AGREEMENT OF BILLING STORMWATER CHARGES
THISAMENDMENT,madeand entered intothis day of
2004,by and between Miami-Dade County,a political subdivision of
theStateofFlorida,hereinafterreferredtoasthe "COUNTY"and
theCITYof South Miami,amunicipal corporation organized and
existing under the laws of the State of Florida,hereinafter
referred to as the "CITY";
WITNESSETH:
WHEREAS,on September 24th,2001,the COUNTY and the CITY
entered intoa contract providing forthe COUNTY to provide billing
of stormwater chargesbytheCOUNTYfortheCITY,and
WHEREAS,theCOUNTYandtheCITYdesiretomakecertain
modifications to said contract,and
WHEREAS,theCITYhasrequestedthattheCOUNTYprovideaone
timebillingservicefortheCITYto collect aone-timechargeto
itsresidentsforthepurchaseof uniform garbagecontainers,and
WHEREAS,theCOUNTYhasagreedtoperformtheone-timebilling
service that the CITY has requested,
NOW,THEREFORE,in consideration ofthe covenants and
obligations setforth herein,theCOUNTYandtheCITYherebyagree
as follows:
1.Aone-timechargeof $50.00 (Fifty Dollars)willbeadded
toall water and/or seweraccountsthatthe COUNTY bills stormwater
charges on behalf of the CITY on the first billing cycle after this
amendment is fully executed by the COUNTY and theCITY.
2.TheCITYagreestopaytotheCOUNTYandtheCOUNTYshall
receivefromthe CITY,bymeansofdeductionfromthepaymentsdue
the CITY after the one-time billing service,a charge intheamount
of ($x.00)dollars per bill for all accounts charged theone
time charge.
3.The CITY understands and accepts that the COUNTY shall
Amendment One 1
StormwaterBilling Agreement -SouthMiami
2/12/04
consider the person or persons whose names appear on the COUNTY'S
water and/or sewer service account asthe persons responsible for
the one-time charge at the location involved.
4.The CITY shall be responsible to notify the affected
parties that they will be receiving the one-time bill and the CITY
shall be responsible to address.all telephone and written
inquiries.
5.Paragraph 18of the agreement is hereby modified to read as
follows:
Whenever written notice to the CITY is required,it shall be
sent by Certified Mail,Return Receipt Requested,to The CITY
of SOUTH MIAMI,CITY Hall,6130 Sunset Drive,SOUTH MIAMI,
Florida 33143 (Attention:CITY MANAGER).
Whenever written notice tothe COUNTY is required,it shall be
sent by Certified Mail,Return Receipt Requested,to MIAMI-
DADE COUNTY,Miami-Dade Water and Sewer Department,3071 S.W.
38th Avenue,Miami,Florida 33146,(Attention:Director).
6.All terms and conditions of the Contract not
specifically modified by this Amendment shall remain in full
force and effect.
(The rest of this page is intentionally left blank.)
Amendment One
Stormwater Billing Agreement -South Miami
2/12/04
In witness whereof,the parties hereto have executed these
presents on the day and date first written above.
MIAMI-DADE COUNTY
ATTEST:
BY:BY:(SEAL)
Deputy Clerk County Manager
ATTEST:
THE CITY OF SOUTH MAIMI,
FLORIDA
BY:BY:(SEAL)
City Clerk City Manager
Approved as to form and legal Approved as to form and legal
sufficiency:sufficiency:
Assistant County Attorney City Attorney for the City of
South Miami,Florida
Amendment One
Stormwater Billing Agreement -South Miami
2/12/04